An employee calls out for two days for a stomach complaint. He then calls out for FMLA-covered condition of cellulitis (a skin infection causing pain and inflammation) in his leg that keeps him out for two weeks. Most employers would assume that the stomach complaint is unconnected to the leg infection, and not look any further. His… Continue Reading
Category Archives: Employee Leave (FMLA and ADA)
Subscribe to Employee Leave (FMLA and ADA) RSS FeedFMLA Requires Compliance with Call-In Procedures
Posted in Employee Leave (FMLA and ADA), LitigationAs I mentioned in my five-part blog series on managing possible leave abuse under the FMLA, employers can hold employees accountable for failing to comply with call-in procedures, even when the absence is connected with FMLA. This point was well-illustrated in the recent case of Chappell v. The Bilco Company, in which the employee ably demonstrated… Continue Reading
ADA Disability Leave and the Employee’s Failure to Respond
Posted in Employee Leave (FMLA and ADA)Managing an employee on leave for a disability under the Americans with Disabilities Act (ADA) can be challenging. It becomes even more frustrating when the employee fails to respond to an employer’s request for information about the employee’s condition and status. But employers are not entirely without recourse. Courts have consistently found that employees who… Continue Reading
SSDI Recipient’s ADA Claim Foreclosed
Posted in Employee Leave (FMLA and ADA), LitigationAccording to a recent article in the Wall Street Journal, the cost of Social Security Disability Insurance (SSDI) benefits has skyrocketed. In 2010, U.S. workers paid $104 million into the program, while far more – $127.7 billion – was paid out in benefits. Much of this is due to expanded definitions of disability, but the… Continue Reading
ADA Public Accommodation Abuse
Posted in Employee Leave (FMLA and ADA), Laws & Regulations, LitigationWhile most employers are familiar with Title I of the Americans with Disabilities Act (“ADA”), which prohibits discrimination in employment against those with disabilities, many are less familiar with Title II of the ADA which requires that places of public accommodation and commercial facilities be designed, constructed or altered so that they are accessible to… Continue Reading
FMLA Fraud Investigations: Employers Must Be Careful
Posted in Employee Leave (FMLA and ADA)Here are the facts: An employer suspected an employee of fraudulent misuse of FMLA leave. It hired a private investigator to watch the employee over a six-day period when the employee was taking FMLA leave for severe back pain. The investigator reported that the employee went hunting several times – one time for ten hours. The employer terminated the employee… Continue Reading
FMLA Supervisory Liability
Posted in Employee Leave (FMLA and ADA)Employers are frequently frustrated by supervisors’ refusal or inability to comply with Family and Medical Leave Act requirements. Lack of information from managers causes headaches when trying to determine if an employee should be receiving FMLA leave, and in tracking and managing such leave. Many managers fail to notify HR when an employee may have… Continue Reading
Intermittent FMLA Leave Abuse: Managing the Unmanageable (Part 5)
Posted in Employee Leave (FMLA and ADA)This is the last in a five-part series on addressing issues facing employers in managing the possibly fraudulent use of intermittent leave under the Family and Medical Leave Act (FMLA). In the last posting, I discussed fitness for duty examinations, which are covered by the FMLA regulations. Now let’s turn to non-regulatory options for employers…. Continue Reading
Maryland Labor and Employment News
Posted in Class Actions, Employee Benefits, Employee Leave (FMLA and ADA)Some interesting tidbits of Maryland labor and employment news: According to the Daily Record, Pepsi Bottling Group and a group of employees have settled an overtime compensation case in the U.S. District Court of Maryland. As part of the settlement, about 60 employees will share an award of $187,275, with attorneys’ fees and administrative costs bringing the total cost of the… Continue Reading
Intermittent FMLA Leave Abuse: Managing the Unmanageable (Part 4)
Posted in Employee Leave (FMLA and ADA)This is the next installment in a five-part series offering guidance on how to address the possible fraudulent use of intermittent leave under the Family and Medical Leave Act (FMLA). In the last posting, I discussed when employers may require recertifications of the serious health condition. In this posting, we’ll take a look at fitness… Continue Reading
Supreme Court Decides FMLA Case
Posted in Employee Leave (FMLA and ADA), LitigationBREAKING NEWS: The Supreme Court handed down a FMLA decision with Maryland roots today, Coleman v. Court of Appeals of Maryland. The Court found that the Family Medical Leave Act did not abrogate state soverign immunity for self-care claims. The issue in Coleman: States have soverign immunity from lawsuits unless Congress specifically abrogates that immunity with… Continue Reading
Intermittent FMLA Leave Abuse: Managing the Unmanageable (Part 3)
Posted in Employee Leave (FMLA and ADA)This is the third in a five-part series that discusses options for employers facing possible fraudulent intermittent leave under the Family and Medical Leave Act (FMLA). Last time, we considered the use of second and third medical opinions. In this posting, we’ll look at recertifications of a serious health condition. Recertification Another mechanism to address… Continue Reading
Intermittent FMLA Leave Abuse: Managing the Unmanageable (Part 2)
Posted in Employee Leave (FMLA and ADA)This five-part series offers guidance to employers on addressing intermittent Family and Medical Leave Act (FMLA) leave abuse. There are options available to employers through the FMLA regulations, but also some non-regulatory options. In the first posting, we looked at verification of medical certifications and insufficient certifications. Here, we’ll take a look at second and… Continue Reading
Intermittent FMLA Leave Abuse: Managing the Unmanageable (Part 1)
Posted in Employee Leave (FMLA and ADA)A common problem for employers is addressing abuse of unscheduled intermittent FMLA leave. It is all too easy for an employee to obtain a medical certification from a health care provider (HCP) for a chronic condition that supposedly flares up on an intermittent basis. This seemingly grants the employee a free pass to call out… Continue Reading